Dishonour of Cheque -- Demand Notice Received by Family Member at Correct Address -- Requirement of giving notice stands complied
(i) Negotiable Instruments Act, 1881, S.138, Proviso (b) -- Dishonour of Cheque -- Notice Received by Family Member at Correct Address -- Requirement of giving notice stands complied with once the notice is dispatched by registered post to the correct address of the drawer -- Notice being received by a family member residing at that address, rather than the drawer personally, does not by itself invalidate service. (ii) Negotiable Instruments Act, 1881, S.138, Proviso (b) -- Dishonour of Cheque -- Presumption of Service of Demand Notice -- Dispatch of notice to the correct address raises a rebuttable presumption of service -- Burden shifts to the drawer to establish that the address was incorrect, that he had no knowledge of the notice, or that the postal endorsement was incorrect -- Complainant is not required to prove actual receipt or conscious evasion once the presumption is attracted.
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